Opinion
A131637
01-20-2012
THE PEOPLE, Plaintiff and Respondent, v. ALARIC YOUNG, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Solano County Super. Ct. No. FCR279907)
Following the denial of his motion to suppress evidence, appellant Alaric Young entered a plea of no contest to the charge of possessing a controlled substance. (Health & Saf. Code, § 11377, subd. (a).) He was granted three years' probation. He appeals, challenging the denial of his motion to suppress. (Pen. Code, § 1538.5.)
On the evening of September 19, 2010, officers of the Fairfield Police Department were conducting a security walk-through of an apartment complex. The complex was the site of a number of recent shootings. Officer Nicholas McDowell saw appellant pacing back and forth in one of the driveways. Signs were posted prohibiting trespassing or loitering in the area.
The officers approached appellant and asked him what he was doing. Appellant identified himself, apparently by name, but could produce no identification. He said he was looking outside for his girlfriend. During this time, appellant was making furtive movements "trying to place his hands in his front pockets of his pants," and continued to do so even after McDowell told him to stop. When asked, appellant said that he did not have any drugs or weapons in his possession.
McDowell asked if appellant would consent to a search. Appellant originally responded that McDowell "would be violating his rights by doing so." Appellant then offered to retrieve personal mail from his apartment to verify that he lived there. Before accompanying appellant to his apartment unit, McDowell asked if he could conduct a patsearch for weapons, and appellant agreed. During the course of the patsearch, McDowell felt a "hard bindle" in appellant's front pocket, which he believed was rock cocaine or methamphetamine. Appellant said there were coins in his pocket.
McDowell "manipulat[ed] around" with his fingers and retrieved the object. It was a plastic baggie containing a substance that appeared to be methamphetamine. He then placed appellant under arrest.
Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record. We have conducted the requested review and conclude that there are no arguable issues.
Appellant was represented throughout the proceedings by counsel. He was informed by counsel on appeal of the opportunity to file a supplemental brief, and has not done so. The trial court properly denied the motion to suppress the contraband that was discovered during a valid patsearch of appellant. His no contest plea was validly entered. There was no sentencing error.
Judgment affirmed.
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Reardon, Acting P.J.
We concur:
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Sepulveda, J.
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Rivera, J.